01Facts
The prosecution alleged that the applicant and co-accused stole diesel from parked vehicles on different occasions and supplied it to other accused persons for resale.
pp. 2–4The applicant was arrested on 17 June 2026; 450 litres of diesel was allegedly seized at the instance of the accused persons.
pp. 2–4The applicant sought regular bail in four connected cases registered under Sections 303(2), 3(5), 112(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023.
pp. 2–4He relied on his lack of criminal antecedents, the filing of the charge-sheet, his time in custody, likely delay in trial, and the grant of bail to a co-accused.
pp. 2–4The State opposed release.
pp. 2–402Issues
i.1. Whether the applicant should be enlarged on regular bail in the four connected cases, having regard to the allegations, his custody, the status of investigation and the anticipated duration of trial.
pp. 3–4ii.2. Whether the grant of bail to co-accused Virendra Singh supported the applicant’s request for bail.
pp. 3–403Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the High Court’s consideration of regular bail.
pp. 3–4In exercising that power, the Court considered the circumstances of the case, the nature of the offence and the applicant’s role, criminal antecedents, period of custody, completion of investigation and likely time for conclusion of trial.
pp. 3–4It also considered parity with a co-accused who had been granted bail; the Court referred to its order dated 7 October 2026 in MCRC No. 8498 of 2026 and connected matters.
pp. 3–4Provisions in the judgment · 5 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
Bharatiya Nyaya Sanhita, 2023 Section 303Section 3Section 112Section 317
04Reasoning
The Court weighed the prosecution’s allegation of repeated diesel theft and the seizure said to have been made at the accused persons’ instance against the applicant’s lack of previous criminal antecedents, custody since 17 June 2026, and the fact that the charge-sheet had been filed.
pp. 4–5It further noted that the trial was likely to take time and that co-accused Virendra Singh had already been granted bail.
pp. 4–5On these considerations, and without expressing an opinion on the merits, the Court found the applicant suitable for release on bail.
pp. 4–505Holding
The Court allowed all four bail applications.
pp. 4–5It directed that the applicant be released on executing a personal bond of ₹50,000 with one surety for the like sum, to the satisfaction of the trial Court.
pp. 4–5The applicant must not threaten or induce persons acquainted with the case, must not prejudice a fair and expeditious trial, and must appear on every date fixed by the trial Court.
pp. 4–5The observations were confined to the bail applications, leaving the trial Court to decide the case on its merits.
pp. 4–5Original Court PDF
TUSHAR MALIvsSTATE OF CHHATTISGARH
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